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Yuvaraj Pandey[/caption]families of 3198 missing people reported to the International Committee of the Red Cross (ICRC) and the Nepal Red Cross Society (NRCS) the disappearance of their relatives, often Following the 10-years long armed conflict in Nepal, which ended in November 2006, following their alleged arrest or capture by one of the parties to the conflict, or during armed encounters.
Uncertainty about the fate of a relative is a harsh reality for countless families during and after armed conflict or other violence. All over the world, people are desperately searching for lost relatives. Not knowing whether relatives are alive or dead, families and communities are unable to put the violence of the past behind them. Their anguish continues years after peace has returned, and they are unable to move on to rehabilitation and reconciliation, either as individuals or as communities. These wounds harm the very fabric of society and undermine relationships between groups, sometimes decades after a conflict has ended. The 1996-2006 conflict in Nepal brought tragedy for many families: thousands of people were killed during the conflict, and over a thousand families still do not know what happened to a relative. International humanitarian law (IHL) requires authorities to take all feasible measures to account for people who go missing, and to give families all the information they have on their fate and whereabouts. In other words, IHL requires the authorities to do all they can to provide families with answers that will end the agony of uncertainty, so that they can begin mourning the loss of a beloved husband, caring father, or loving son or daughter. Since 1999, the International Committee of the Red Cross (ICRC), supported by the Nepal Red Cross Society (NRCS), has maintained contact with the families of missing persons across Nepal and has been encouraging the former parties to the conflict to clarify the fate of those who remain unaccounted for. Over the years, the ICRC has received 38191 reports from families regarding the disappearance of a relative in relation to the conflict. While the fate and whereabouts of hundreds of people has been established, 13832 people are still missing, nearly five years after the end of the conflict. Their families are anxious to know what happened; they need a formal answer so they can get on with their lives. Until then, they are torn between despair and hope: despair at the loss of a relative and hope that he or she may reappear, against all odds. For three consecutive years (2007, 2008 and 2009) the ICRC and the NRCS published lists of missing persons in Nepal. These lists contained 812, 1227 and 1348 names respectively. In 2010, the ICRC published the updated list of 1369 names on its website, in English and Nepali (www.familylinks.icrc.org). Since 2007, 42 families have received an answer and have been able to move on with their lives; meanwhile many more have come forward and asked the Red Cross to help them obtain information. The present document contains an updated list of 1383 missing persons, taken from ICRC records. This is not a comprehensive list of everyone who went missing during the conflict; it only includes people whose families have approached the NRCS or the ICRC looking for information about a missing relative. Each name represents the missing person, his or her family, the suffering of that family, the statements the families provided to the ICRC, and the ICRC’s repeated representations to the authorities. In May 2009, the ICRC published a study on the needs of the families of missing persons, as expressed by the families themselves. The picture that emerges from this study is of a group of families striving simultaneously to cope with the multiple effects of a relative going missing – especially the economic impact – while enduring the emotional strain of not knowing whether the person is alive or dead. The study shows that there is an urgent need for the Nepalese authorities to honour their public commitments to resolve the issue of missing persons. The government must address both the families’ status and their right to know their missing relatives’ fate. Clarifying the fate and whereabouts of missing relatives and taking measures regarding the status of missing persons are both critical: they will allow the families to begin the process of mourning and reconciliation. 1 Total number of reports from families who approached the Red Cross up to 15 July
People have gone missing for as long as wars have been fought. The circumstances of disappearance vary: people are killed and buried in unmarked graves; they are taken off the street or from their homes and subsequently die in custody without their next-of-kin being informed. Other missing persons include people (civilians or fighters killed in combat) whose remains are not identified or recovered. Although it is a tragedy for the person who disappears, their family are victims too. With nothing to prove that the person is alive or dead, the family is unable to obtain closure. The suffering of the families is not only emotional – having a relative go missing can be financially crippling. Missing persons are often the breadwinners, and the loss of income can plunge a family into poverty. In Nepal, the situation is made worse by the legal requirement that a person must be missing for 12 years in order to officially be declared dead. During this period, family members are unable to move on, transfer property, remarry, or simply perform final rites. Until they obtain adequate proof of death, relatives cannot mourn, and they may feel guilty if they do attempt to begin the mourning process.
The families of missing persons tell us that what they need above all else is to know what happened to the person. The right of a family to know what has happened to a relative is enshrined in international humanitarian law (IHL) and human rights law and must be respected. The legal obligations are laid down in the Geneva Conventions, their Additional Protocols and in the International Convention for the Protection of All Persons from Enforced Disappearance. International law is clear on the matter: it is illegal to make people disappear, and the next-of-kin must be informed without delay when a person is captured, detained, or dies. Authorities must do everything they can to prevent people from going missing and to deal with the consequences of disappearances when they do occur. When a missing person is believed to be dead, locating, recovering and identifying their remains is an indispensable component of the healing process for the families and communities
at least 13,000 people were extra judicially killed during February 13, 1996 to November 21, 2006; Maoist launched the People’s War where more than 1,302 people have been disappeared. The Government figures stated 17,265 unlawful killings whereas Government is responsible for 63 percent and the Maoists for Another study said that a total of 17,700 people were extrajudicially killed on the serious violations of International Human Rights Law (IHRL) and International Humanitarian Law (IHL). The Transitional Justice Reference Archive (TJRA) recorded over 2,000 incidents of killings. Comprehensive Peace Accord: Human Rights Status 2006-2011 of National Human Rights Commission stated that 78,689 people were involuntarily displaced and 1,327 forcefully disappeared
There are no numerical records of arbitrary arrest, detention and torture and other cruel, inhumane and degrading treatment or punishment. State security mechanisms evolved into serious violations of human rights and humanitarian laws. Similarly, the Maoists kangaroo security forces were responsible for human rights violations throughout the decade of armed conflict. Conflict related killings and violation of international standards occurred throughout all 75 districts except Manang and Mustang district in Nepal. Millions of the people were affected by the armed conflict across the country. More than 200,000 people were displaced from their homes; a large scale of educational institutions was disrupted; basic health and government services were paralyzed; economic hardships were further exacerbated; and chaos and bloodshed were reported daily.
-Plumstead, London (United Kingdom)
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